The Cornucopia Institute submitted a FOIA request to the Department of Agriculture for names and background information of individuals who had applied for four vacancies on USDA's National Organic Standards Board. The agency acknowledged receipt of the request. The Cornucopia Institute emailed the agency asking if it could amend its request. The agency told Cornucopia that it could amend its request but needed to do so by sending a letter. Cornucopia amended its request, which was acknowledged by the agency. However, after hearing nothing further from the agency, Cornucopia filed suit.Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

NOTICE of Appearance by Alexander Daniel Shoaibi on behalf of All Defendants (Shoaibi, Alexander) (Entered: 03/01/2016)

2016-03-01

6

Consent MOTION for Extension of Time to Respond to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE (Attachments: # 1 Text of Proposed Order)(Shoaibi, Alexander) (Entered: 03/01/2016)

2016-03-01

MINUTE ORDER (paperless) GRANTING the defendant's 6 Consent Motion for Extension of Time to Respond to Complaint. The defendant shall file an answer, or other responsive pleading, by April 4, 2016. Signed by Judge Beryl A. Howell on March 1, 2016. (lcbah2) (Entered: 03/01/2016)

2016-03-02

Set/Reset Deadlines: Answer to the Complaint due by 4/4/2016. (tg) (Entered: 03/02/2016)

2016-04-04

7

ANSWER to Complaint by UNITED STATES DEPARTMENT OF AGRICULTURE.(Shoaibi, Alexander) (Entered: 04/04/2016)

2016-05-16

MINUTE ORDER (paperless) TO SHOW CAUSE why this action should not be dismissed for failure to prosecute pursuant to Local Civil Rule 83.23 and Federal Rule of Civil Procedure 41(b). This Court's 4 Standing Order, paragraph 3(b)(ii), requires, in any action arising under the Freedom of Information Act, 5 U.S.C. § 552, the parties to file a joint report "within fourteen days after any defendant files an answer, indicating whether the agency has made a final determination 'whether to comply' with any FOIA request at issue." The U.S. Department of Agriculture filed its 7 Answer on April 4, 2016, over thirty days ago. Consequently, the plaintiff is ORDERED to submit, by May 23, 2016, (a) the joint meet and confer report required by this Court's 4 Standing Order; (b) an explanation as to why the parties failed to comply with this Court's Order; and (c) an explanation as to why this action should not be dismissed for failure to prosecute. Signed by Chief Judge Beryl A. Howell on May 16, 2016. (lcbah2) (Entered: 05/16/2016)

2016-05-16

Set/Reset Deadlines: Response to Show Cause due by 5/23/2016. (tg) (Entered: 05/16/2016)

2016-05-20

8

RESPONSE TO ORDER TO SHOW CAUSE by CORNUCOPIA INSTITUTE re Order to Show Cause,,,, . (Stotter, Daniel) (Entered: 05/20/2016)

2016-05-20

9

MEET AND CONFER STATEMENT. (Stotter, Daniel) (Entered: 05/20/2016)

2016-05-23

MINUTE ORDER (paperless) ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter, upon consideration of the parties' 8 Joint Meet and Confer Report, which reflects the parties' desire to continue to attempt to settle, or otherwise resolve, the remaining issues in this action: The defendant shall, by September 30, 2016, file any motion for summary judgment, along with supporting materials documenting the defendant's basis for any withholdings. The plaintiff shall, by October 21, 2016, file any opposition to the defendant's motion, as well as any cross-motion for summary judgment. The defendant shall, by November 11, 2016, file any reply in support of its motion for summary judgment, as well as any opposition to any cross-motion for summary judgment. The plaintiff shall, by December 9, 2016, file any reply in support of any cross-motion for summary judgment. Signed by Chief Judge Beryl A. Howell on May 23, 2016. (lcbah2) (Entered: 05/23/2016)

2016-05-23

Set/Reset Deadlines: Summary Judgment motion due by 9/30/2016; Cross-Motion/Opposition to Motion for Summary Judgment due by 10/21/2016; Opposition to Cross-Motion/Reply to Opposition to Motion for Summary Judgment due by 11/11/2016; Reply to Opposition to Cross Motion due by 12/9/2016. (tg) (Entered: 05/23/2016)

MOTION for Extension of Time to by CORNUCOPIA INSTITUTE (Attachments: # 1 Text of Proposed Order)(Sorenson, C.) (Entered: 09/16/2016)

2016-09-16

MINUTE ORDER (paperless) GRANTING the plaintiff's 11 Consent Motion to Suspend Briefing and DIRECTING the parties, by November 18, 2016, if no stipulation of dismissal has been filed, to file a joint status report proposing a schedule for further proceedings in the instant matter. Signed by Chief Judge Beryl A. Howell on September 16, 2016. (lcbah2) (Entered: 09/16/2016)

STIPULATION of Dismissal by UNITED STATES DEPARTMENT OF AGRICULTURE. (Shoaibi, Alexander) (Entered: 10/24/2016)

2016-10-26

MINUTE ORDER (paperless) DISMISSING this matter, with prejudice, upon consideration of the parties' 12 Joint Stipulation of Settlement and Dismissal. The Clerk is directed to close the case. Signed by Chief Judge Beryl A. Howell on October 26, 2016. (lcbah2) (Entered: 10/26/2016)